1. (a) A safety certificate is required for an active, inactive, or abandoned quarry or pit that is located in hazardous proximity to a public road or is in an unacceptable unsafe location, excluding an inactive or abandoned quarry or pit that receives a written barrier waiver from the department.

2. (b) Except as provided in subsection (c) of this section, a responsible party must obtain a safety certificate prior to:

   1. (1) opening a new pit in hazardous proximity to a public road and in an unacceptable unsafe location; or
   2. (2) reopening, operating, or abandoning a quarry or pit that is in hazardous proximity to a public road and in an unacceptable unsafe location.
3. (c) The department will notify the responsible party in writing if after inspection the department finds that a safety certificate is required for the pit or quarry. A responsible party is not required to obtain a safety certificate to operate or maintain an existing quarry or pit unless the department has notified the responsible party in writing that it must do so.
4. (d) Any responsible party who is utilizing a portion of a site for quarrying operations, including the stockpiling, sale, or processing of aggregates or a combination thereof, or who has a current, valid, or outstanding agreement or legal right to develop, utilize, or quarry the property, shall be responsible for obtaining a safety certificate limited to that specific pit area he is using or excavating or intends to use or excavate.
5. (e) Any responsible party may operate the pit during a period that is described in §21.717 of this subchapter (relating to Recertification After Transfer of Title).

Source Note:The provisions of this §21.711 adopted to be effective July 15, 2004, 29 TexReg 6734; amended to be effective January 7, 2009, 34 TexReg 69.